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M. PIRAVI PERUMAL (Advocate & Consumer Rights)     27 May 2009

CANCELLATION OF ADOPTION DEED

WHETHER  A REGISTERED ADOPTION DEED CAN BE CANCELLED ? THE ADOPTED CHILD FELL ILL ON BEING SEPARATED AND THE NATURAL PARENTS  WANT TO GET BACK THE GIRL .



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 5 Replies

D.V.RamaKrishna (Advocate)     27 May 2009

Piravi,

If the adoption pertains to a hindu in accordance with hindu law, custom and tradition then the registered adoption cannot be cancelled in terms of section 15 of the HIndu Adoptions and Maintenance Act, 1956 which says "15. Valid adoption not to be cancelled. - No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can be adopted child renounce his or her status as such and return to the family of his or her birth."

Shree. ( Advocate.)     27 May 2009

If the adoption deed has no technical defects then it cannot be revoked.

M.S.subbarao (Advocate)     28 May 2009

Ones Adoption is validly held and effected, that is the child is given adoption and taken in adoption, in accordance with law, there is question os setting aside such adption. The adoption deed is only an instrument, confirming the factum of adoption and nothing more.Therefore setting aside or cancelling an adoption deed is inconsequential.

What ever be the reason the adopted child cannot be taken back by the natural parents, by cancellation of the adoption deed

The only remedy is to get the adoption declared void by a competent court and also secure a decree cancelling the adoption deed.

Y V Vishweshwar Rao (Advocate )     30 May 2009

 I agrree with the opinions of Sri  D V Rama Krishna , Sri Sree & Sri M S Subba Rao !

The Suggestion of Sri M S Subba Rao is suitable 

Ramesh (na)     09 June 2009

In case,a female child was given in adoption. But , adoption deed is not prepared,giving and taking the child is taken place.The child grew up in adoptive father's place, and in school certificate the adoptive father name is written/given. Now because of some peculiar reasons (Tricks played by adopted son in the family) , the adopted father is denying the adoption( Both the adopted parents died). And Biological father says he gave his child in adoption ,hence did not have any relation ship with the girl to the family. Now what she do.... Who is her father?


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